| Mississauga, Ontario Lawyers, Legislation |


   Laws, Legislation in Mississauga, Ontario

Repair and Storage Liens Act , section: 28

Creditors' Remedies, Lien claimant’s rights and obligations

Where an article that is subject to a lien is in the lien claimant’s possession, the lien claimant,

(a) shall use reasonable care in the custody and preservation of the article, unless a higher standard of care is imposed by law; and

(b) unless otherwise agreed,

(i) shall keep the article identifiable, and

(ii) may create a security interest under the Personal Property Security Act in the article, but only upon terms that do not impair a right of redemption under that Act or this Act.

Unless otherwise agreed, a lien claimant is entitled to recover the commercially reasonable expenses incurred in the custody, preservation and preparation for sale of an article that is subject to a lien, including the cost of insurance and the payment of taxes or other charges incurred therefor, and the expenses are chargeable to and secured by the article and may be included by the lien claimant in determining the amount required to satisfy the lien.

Except as provided in clause 4 (1) (b), a lien claimant is not entitled to a lien for interest on the amount owing with respect to an article but this subsection does not affect any right that the lien claimant may otherwise have to recover such interest

A lien claimant is liable for any loss or damage caused by a failure to meet any obligation imposed by this section but does not lose the lien against the article by reason only of that failure.

A lien claimant may use an article,

(a) for the purpose of preserving the article or its value;

(b) for the purpose of making a reasonable demonstration of the quality or properties of the article in order to facilitate the making of a sale under this Act;

Where the lien claimant uses or deals with an article in a manner not authorized by this Act, the lien claimant is liable for any loss or damage caused by that use or dealing and may be restrained by an injunction. R.S.O. 1990, c. R.25, s. 28

(c) in accordance with an order of any court before which an application is being heard or an action is being tried in respect of that article; or

(d) in accordance with any agreement with the owner.

Comments : 

This is not the official web site for the  Ontario legislature or the Parliament of Canada. 


The section data above may not be current. Please check statute at government site and consult with your own lawyer to ensure currency. Because this information comes from many sources who may be students and not lawyers or attorneys and because this site does NOT contain solicitor-to-client personalized advice it would be unsafe to apply this information to your particular set of facts. Do not rely upon this information. Consult a lawyer face-to-face.

Canada Statutes   Ontario Statutes     Edit

If you are a lawyer or a law student and you find an error or omission on this  Creditors' Remedies  page, please notify Stephen R. Biss, Barrister & Solicitor, with a proper correction, addition, usable commentary, or cross-reference that we can add to this page and if we use it, we will create a free link to your Canadian law firm web site from this page. Stephen Biss does not normally practice Creditors' Remedies, but there are many  Mississsauga lawyers and other GTA Creditors' Remedies lawyers who do. We maintain this database to stay current in areas of law where we do not normally practice.


Mississauga lawyers

Mississauga lawyers, Mississauga family law lawyers, other family law legislation

Mississauga lawyers, Mississauga wills law lawyers, other wills and estates law legislation

Mississauga lawyers, Mississauga business law lawyers, other business law legislation

Mississauga lawyers, Mississauga corporations law lawyers, other corporations law legislation

Mississauga lawyers, Mississauga civil litigation law lawyers, other litigation law legislation and rules



For more information respecting this database or to report misuse contact: Allbiss Lawdata Ltd., 303-470 Hensall Circle, Mississauga, Ontario, Canada, L5A 3V4. Allbiss Lawdata Ltd. is not a law firm. The author and the participants make no representation or warranty  whatsoever as to the authenticity and reliability of the information contained herein. Advertisement. Any lawyers listed at this site do not practice in association. WARNING: All information contained herein is provided for the purpose of providing basic information only and should not be construed as formal legal advice. The authors disclaim any and all liability resulting from reliance upon such information. You are strongly encouraged to seek professional legal advice before relying upon any of the information contained herein. Legal advice should be sought directly from a properly retained lawyer or attorney.


Warning: This is NOT a government web site. The information provided herein has NOT been provided by a government. This information has been provided by a lawyer or attorney or student, for the purpose of providing basic information about the laws and regulations enacted by a government and the government offices that apply laws and regulations, and for the purpose of encouraging discussion and facilitating proper legal challenges related to the application of laws and regulations made by government. Citizens always have the right to challenge government. Citizens need independent information not provided by government about government offices, phone numbers, locations, and their services or lack thereof. Please note that the information provided may not be up to date. It is your responsibility to meet with a lawyer or attorney in person to get complete advice. Information provided by some government sites may also be sometimes out of date, sometimes incomplete, or sometimes focused on protection of government politicians, officers, policy initiatives, and interests. It is essential that you retain and instruct an independent lawyer or attorney to represent YOUR interests and inform you accordingly.